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| Government Contracts |
Government And Contractor Ethical Lapses Subject Of GAO Review - 8/05/05
Government & Construction Contracts Alert
August 5, 2005
John H. Horne
The Government Accountability Office has taken note of significant lapses in ethical and procurement integrity in Department of Defense contracting. In a recent report, "Defense Ethics Program: Opportunities Exist to Strengthen Safeguards for Procurement Integrity," the GAO concluded that additional ethics training and counseling for government employees at the DOD and its contractors were required.
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So You Want A Sole Source State or Local Government Consulting Contract? DC Shows How It Shouldn't Be Done - 7/13/05
Government Contracts
July 13, 2005
DC Administrator Robert C. Bobb acknowledged that he recommended former associates from Oakland California, for city work but denied ordering anyone to give them contracts. It later became clear, and Administrator Bobb admitted, that "his staff did not follow proper procedures when awarding the contracts" on a sole source basis and followed up his admission with a commitment to assure it did not happen again. The subsequent report issued by the Office of the District of Columbia Auditor states that the transactions were not "free from the appearance of preferential treatment." The report identifies problems arising from "acknowledged longstanding deficiencies" in district procurement and provides lessons for all officials awarding and contractors receiving award of sole source contracts.
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Government Says Contractors Owe Taxes; Members Of Congress Call For Debarring Contractors - 6/17/05
Government Cntracts
June 17, 2005
Carl A. Gebo
John H. Horne
The U.S. Government Accountability Office (GAO), an arm of Congress, testified before the U.S. Senate on June 16 that a study of government contractors shows that as many as 33,000 civilian contractors owe the Government more than $3 billion in unpaid taxes. GAO matched government contractor records with files of the Internal Revenue Service (IRS) to identify the contractors.
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Diagnostic Products Corp. and Chinese Subsidiary Agree to Fines for Violating the FCPA - 5/30/05
Foreign Corrupt Practices Act Client Alert
May 30, 2005
William Steinman
On May 20, 2005, Diagnostic Products Corp. ("DPC") and a wholly-owned Chinese subsidiary reached an agreement with the U.S. Securities and Exchange Commission (the "SEC") to settle a probe of alleged violations of the Foreign Corrupt Practices Act (the "FCPA"), and agreed to pay disgorgement of $2,038,727 and prejudgment interest in the amount of $749,895.
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Record Fines Imposed on Titan for FCPA Violations - 03/04/05
FCPA Client Alert
March 4, 2005
William Steinman
On March 1, 2005, Titan settled the enforcement action brought by the U.S. Securities and Exchange Commission for violations under the U.S. Foreign Corrupt Practices Act (the "FCPA") and agreed to pay approximately $15.5 million in disgorgement of monies obtained as the result of FCPA violations and a $13 million civil penalty.
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Court Reinforces Limits on Subcontractors' Third Party Beneficiary Status - 01/27/05
Government Contracts
January 27, 2005
The U.S. Court of Federal Claims in two recent cases involving subcontractors' appeals to be third party beneficiaries under government prime contracts reinforced standards determining who has authority to obligate the government and create third party beneficiaries. The Court applied federal common law governing U.S. government contracts using the same principles of contract law applicable to private individuals. Because subcontractors are not parties to the prime contract, subcontractors must prove that a government official with authority bound the government to extend third party benefits to the subcontractors.
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InVision's FCPA Settlement - 1/21/04
International
December 21, 2004
Robert Clifton Burns
William Steinman
In the December issue of the International Client Alert we discuss:
* InVision's FCPA Settlement
* New Rules Ease Sanctions on Literary and Scientific Exchanges with Cuba, Iraq and Sudan
* Supreme Court Extends Carriage of Goods at Sea Liability Limits to Multimodal Transport
* BIS to Issue New Rules on Installed Base in Libya
* Commerce's Interim Regulations Revise Licensee's Responsibility to Communicate License Conditions
* The Directorate of Defense Trade Controls Announces Embargo on Arms Exports to the Ivory Coast
* Proposed Changes in OFAC Rules on Cuban Payments for Agricultural Goods Might Violate Law
* There's a New Sheriff in Town
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SBA Notice Suggests Controversial Size Standard Changes; Rules for SBIR Companies Backed by VCs Also Under Review - 12/20/04
Government Contracts
December 20, 2004
The Small Business Administration ("SBA") is seeking public comments on two controversial procurement issues relating to small business contracting. The first relates to SBA's proposed restructuring of its size standards.
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Lockheed Decision Underscores Companies' Need to Fully Assess Contract & Sub-Contract Risk Shifting - 12/14/04
Government Contracts
December 14, 2004
In the unusual case of Lockheed v. Lockheed, Idaho Federal District Judge B. Lynn Winmill underscores the need to fully assess risk shifting provisions in contracts and subcontracts before bidding, including, as a threshold matter, the basic contract type.
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GE and InVision push back merger date due to FCPA concerns
FCPA Concerns Increasingly Affect High Profile Mergers & Acquisitions
November 15, 2004
William Steinman
In This Edition:
- FCPA Concerns Increasingly Affect High Profile Mergers and Acquisitions
- Anti-Corruption Trade Group Rolls Out Country-by-Country Matrix of Permissible Gifts
- Former President of Costa Rica Resigns Post as OAS Secretary General Amid Allegations of Bribery
- Immucor Investigation in Italy Could Lead to FCPA Action in the United States
- DaimlerChrysler under Investigation for FCPA Violations
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SARA Reform Effort Stirs Controversy
Government Contracts
Several provisions of the Acquisition System Improvement Act ("ASIA") (H.R. 4228), which is supposed to modernize and streamline the process employed by the U.S. Government for the purchase of goods and services, are considered controversial.
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Section 326 of The USA Patriot Act for Banks: Customer Identification Procedures - 06/03
Homeland Security
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Final Rules Implementing Section 326 of The USA Patriot Act for Broker-Dealers: Customer Identification Procedures - 06/03
Homeland Security
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